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2018 Supreme(Ker) 367

V.CHITAMBARESH, SATHISH NINAN
Jose Philip – Appellant
Versus
Thodupuzha Taluk Co-Operative Rubber Marketing Society No. E. 222 – Respondent


Advocates Appeared:
For the Appellant : Sri. George Poonthottam, Sri. Vishnu B. Kurup
For the Respondent: Sri. S. Sreekumar (Sr.), Sri. P. Martin Jose, Sri. P. Prijith, Sri. Thomas P. Kuruvilla, Advs., Smt. K.R. Deepa, Senior Government Pleader

JUDGMENT :

Chitambaresh, J.

1. The appellant while working as the Factory Manager of Co-rubber Crumb Factory run by the first respondent society was dismissed from service with effect from 27.2.1991 for 'self abandonment of job'. Ext.P6 order dated 10.6.1991 was issued to that effect by the President of the society based on Ext.P5 resolution dated 4.6.1991 of the managing committee of the society. Ext.P7 appeal dated 10.7.1991 of the appellant to the Board of Directors was dismissed by Ext.P8 order dated 16.10.1991 indicating that there was a charge of misappropriation as well. The appellant followed it up by filing O.P.No.12825/1991 on the file of this Court which was disposed of by Ext.P9 judgment dated 21.5.2003 and Ext.P10 order dated 17.12.2003 on review. The appellant was directed thereunder to move the Joint Registrar of Co-operative Societies to have the resolution of the managing committee rescinded. The motion made by the appellant was pending before the Joint Registrar pursuant to a remand by the Government when the proceedings were transferred to the Co-operative Arbitration Court. It was so done pursuant to Ext.P12 judgment dated 18.3.2008 in W.P(C).No.9219/2008 filed by































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